13304 Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices 

In section 403 of the PPA, ‘‘plant 

pest’’ is defined as any living stage of 

any of the following that can directly or 

indirectly injure, cause damage to, or 

cause disease in any plant product: A 

protozoan, a nonhuman animal, a 

parasitic plant, a bacterium, a fungus, a 

virus or viroid, an infectious agent or 

other pathogen, or any article similar to 

or allied with any of the foregoing. 

APHIS prepared a plant pest risk 

assessment (PPRA) and has concluded 

that maize line HCEM485 is similar to 

the antecedent organism and is unlikely 

to pose a plant pest risk. 

APHIS has also prepared a draft 

environmental assessment (EA) in 

which it presents two alternatives based 

on its analyses of data submitted by 

Stine Seed, a review of other scientific 

data, and field tests conducted under 

APHIS oversight. APHIS is considering 

the following alternatives: (1) Take no 

action, i.e., APHIS would not change the 

regulatory status of maize line 

HCEM485 and it would continue to be 

a regulated article, or (2) make a 

determination of nonregulated status of 

maize line HCEM485. 

The draft EA has been prepared to 

provide the APHIS decisionmaker with 

a review and analysis of any potential 

environmental impacts associated with 

the proposed determination of 

nonregulated status of maize line 

HCEM485. The draft EA was prepared 

in accordance with (1) the National 

Environmental Policy Act of 1969 

(NEPA), as amended (42 U.S.C. 4321 et 

seq.); (2) regulations of the Council on 

Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500–1508); (2) 

regulations of the Council on 

Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500–1508); (3) 

USDA regulations implementing NEPA 

(7 CFR part 1b); and (4) APHIS’ NEPA 

Implementing Procedures (7 CFR part 

372). 

Based on APHIS’ analysis of field and 

laboratory data submitted by Stine Seed, 

references provided in the extension 

request, peer-reviewed publications, 

information analyzed in the EA, and the 

similarity of maize line HCEM485 to the 

antecedent organism, Roundup Ready®

corn line GA21, APHIS has determined 

that maize line HCEM485 is unlikely to 

pose a plant pest risk. We have therefore 

reached a preliminary decision to 

approve the request to extend the 

determination of nonregulated status of 

Roundup Ready® corn line GA21 to 

maize line HCEM485, whereby maize 

line HCEM485 would no longer be 

subject to our regulations governing the 

introduction of certain genetically 

engineered organisms. 

Paragraph (e) of § 340.6 provides that 

APHIS will publish a notice in the 

Federal Register announcing all 

preliminary decisions to extend 

determinations of nonregulated status 

for 30 days before the decisions become 

final and effective. In accordance with 

§ 340.6(e) of the regulations, we are 

publishing this notice to inform the 

public of our preliminary decision to 

extend the determination of 

nonregulated status of Roundup Ready®

corn line GA21 to maize line HCEM485. 

APHIS will accept written comments 

on the draft EA and PPRA regarding a 

determination of nonregulated status of 

maize line HCEM485 for a period of 30 

days from the date this notice is 

published in the Federal Register. The 

draft EA and PPRA, as well as the 

extension request and preliminary 

determination for maize line HCEM485, 

are available for public review as 

indicated under ADDRESSES and FOR

FURTHER INFORMATION CONTACT above. 

Copies of these documents may also be 

obtained by contacting the person listed 

under FOR FURTHER INFORMATION

CONTACT. 

After the comment period closes, 

APHIS will review all written comments 

received during the comment period 

and any other relevant information. All 

comments received regarding the EA 

and PPRA will be available for public 

review. After reviewing and evaluating 

the comments on the EA and PPRA, 

APHIS will furnish a response to the 

petitioner regarding our final regulatory 

determination. APHIS will also publish 

a notice in the Federal Register 

announcing the regulatory status of 

maize line HCEM485 and the 

availability of APHIS’ written 

environmental decision and regulatory 

determination. 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.3. 

Done in Washington, DC, this 22nd day of 

February 2013. 

Michael Gregoire, 

Deputy Administrator, Biotechnology 

Regulatory Services, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2013–04520 Filed 2–26–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0009] 

Notice of Decision To Issue Permits for 

the Importation of Strawberry Fruit 

From Egypt Into the Continental United 

States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our decision to begin issuing permits for 

the importation into the continental 

United States of fresh strawberry fruit 

from Egypt. Based on the findings of a 

pest risk analysis, which we made 

available to the public for review and 

comment through a previous notice, we 

believe that the application of one or 

more designated phytosanitary 

measures will be sufficient to mitigate 

the risks of introducing or disseminating 

plant pests or noxious weeds via the 

importation of fresh strawberry fruit 

from Egypt. 

DATES: Effective Date: February 27, 

2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Marc Phillips, Regulatory Policy 

Specialist, Regulations, Permits, and 

Manuals, PPQ, APHIS, 4700 River Road 

Unit 133, Riverdale, MD 20737–1231; 

(301) 851–2114. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘Subpart— 

Fruits and Vegetables’’ (7 CFR 319.56– 

1 through 319.56–58, referred to below 

as the regulations), the Animal and 

Plant Health Inspection Service (APHIS) 

of the U.S. Department of Agriculture 

prohibits or restricts the importation of 

fruits and vegetables into the United 

States from certain parts of the world to 

prevent plant pests from being 

introduced into and spread within the 

United States. 

Section 319.56–4 of the regulations 

contains a performance-based process 

for approving the importation of 

commodities that, based on the findings 

of a pest risk analysis (PRA), can be 

safely imported subject to one or more 

of the designated phytosanitary 

measures listed in paragraph (b) of that 

section. Under that process, APHIS 

publishes a notice in the Federal 

Register announcing the availability of 

the PRA that evaluates the risks 

associated with the importation of a 

particular fruit or vegetable. Following 

the close of the 60-day comment period, 


erowe on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices 13305 

1To view the notice, the PRA, and the comments 

we received, go to http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0009. 

APHIS may begin issuing permits for 

importation of the fruit or vegetable 

subject to the identified designated 

measures if: (1) No comments were 

received on the PRA; (2) the comments 

on the PRA revealed that no changes to 

the PRA were necessary; or (3) changes 

to the PRA were made in response to 

public comments, but the changes did 

not affect the overall conclusions of the 

analysis and the Administrator’s 

determination of risk. 

In accordance with that process, we 

published a notice 1 in the Federal 

Register on April 16, 2012 (77 FR 

22557–22558, Docket No. APHIS–2012– 

0009), in which we announced the 

availability, for review and comment, of 

a PRA that evaluates the risks associated 

with the importation into the 

continental United States of fresh 

strawberry (Fragaria spp.) fruit with 

calyx and short stalk from Egypt. We 

solicited comments on the notice for 60 

days ending on June 15, 2012. We 

received three comments by that date. 

They were from a State department of 

agriculture, an agricultural research 

center, and a non-profit industry 

representative. 

In the PRA, APHIS determined that 

three plant pests have a high risk 

potential of being introduced into the 

United States via the pathway of fresh 

strawberry fruit from Egypt. Those pests 

are: Chrysodeixis chalcites, 

Eutetranychus orientalis, and 

Spodoptera littoralis. The PRA notes 

that Eutetranychus orientalis could 

potentially avoid detection beneath the 

calyx of the strawberries due to its small 

size. One commenter cited this potential 

risk as a phytosanitary concern. The 

commenter stated that they would be 

willing to revisit this issue if current 

mitigation procedures are proven to be 

effective and without any detections of 

this mite. 

We acknowledge the risk that this 

plant pest could potentially evade 

detection and be introduced into the 

United States in the manner referred to 

by the commenter. However, while the 

pest itself may potentially evade 

detection by its small size, its presence 

can be detected by visible signs of 

discoloration and damage to fruits and 

leaves. Additionally, good agricultural 

practices can effectively suppress or 

eliminate this pest from fields or 

prevent infestation. Successful control 

programs typically include monitoring, 

cultural, biological, and chemical 

components, all of which are used as 

part of Egypt’s standard pre- and postharvest practices for the production of 

export strawberries. Moreover, APHIS 

has permitted the entry of commercial 

strawberries from several countries in 

Asia, Europe, and South America where 

this pest of concern occurs. Over several 

decades, there has only been one 

interception of Eutetranychus orientalis 

in strawberry consignments. 

Another commenter stated that the 

PRA does not provide for adequate 

phytosanitary security against any 

tetranychid mite. 

In the risk assessment portion of the 

PRA, the only tetranychid species 

identified as likely to follow the 

importation pathway was Eutetranychus 

orientalis. For the reasons detailed 

above, we have determined that the 

application of certain phytosanitary 

measures coupled with standard 

industry practices will be adequate to 

mitigate the risk posed by this pest. 

Other tetranychid species identified as 

pests of fresh strawberry were: 

Tetranychus cinnabarinus (Boisduval), 

Tetranychus ludeni Zacher, 

Tetranychus neocalendonicus Andre ́, 

and Tetranychus urticae Koch, which 

are reported as being present in Egypt, 

but do not meet the definition of 

quarantine pests, and Tetranychus 

turkestani, which has been reported as 

being present in the region, but APHIS 

did not find sufficient evidence the pest 

is present in Egypt. The commenter did 

not discuss any particular species of 

tetranychid which they believe to be of 

concern, nor did they present evidence 

contradicting the information presented 

in the risk assessment. 

The third commenter recommended 

that we adopt specific phytosanitary 

measures to address the pest risks 

discussed in the PRA. 

APHIS has permitted the entry of 

commercial strawberries from several 

countries in Asia, Europe, and South 

America with similar lists of pests of 

concern (e.g., Jordan and Israel). Based 

on our knowledge and experience in 

relation to importation of fresh 

strawberry fruit from these countries 

with similar pest lists, we are confident 

of the efficacy of the designated 

measures in mitigating the 

phytosanitary risks posed by the 

importation of strawberry from Egypt. 

Finally, the commenter added that we 

should intensively monitor fresh 

strawberry from Egypt at the port of 

entry. 

An integral part of standard APHIS 

phytosanitary practices is inspection at 

the port of entry. 

For these reasons, together with 

Egypt’s use of integrated pest 

management practices in the production 

of commercial strawberries, APHIS has 

concluded that commercial strawberries 

for export from Egypt are unlikely to 

contain the identified quarantine pests. 

Accordingly, we have determined that 

no changes to the PRA are necessary 

based on these comments. 

Therefore, in accordance with the 

regulations in § 319.56–4(c)(2)(ii), we 

are announcing our decision to begin 

issuing permits for the importation into 

the continental United States of fresh 

strawberry fruit from Egypt subject to 

the following phytosanitary measures: 

• The fresh strawberry fruit may be 

imported into the continental United 

States in commercial consignments 

only; 

• Each consignment of fresh 

strawberry fruit must be inspected by 

the national plant protection 

organization of Egypt and accompanied 

by a phytosanitary certificate that 

includes an additional declaration 

stating that the consignment was 

inspected and found free of 

Chrysodeixis chalcites, Eutetrancychus 

orientalis, and Spodoptera littoralis; and 

• The fresh strawberry fruit is subject 

to inspection upon arrival at the U.S. 

port of entry. 

These conditions will be listed in the 

Fruits and Vegetables Import 

Requirements database (available at 

http://www.aphis.usda.gov/favir). In 

addition to these specific measures, 

fresh strawberry fruit from Egypt will be 

subject to the general requirements 

listed in § 319.56–3 that are applicable 

to the importation of all fruits and 

vegetables. 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

Done in Washington, DC, this 20th day of 

February 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–04475 Filed 2–26–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0090] 

Syngenta Seeds, Inc., and Bayer 

CropScience AG; Availability of 

Petition for Determination of 

Nonregulated Status of Soybean 

Genetically Engineered for Herbicide 

Tolerance 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 


erowe on DSK2VPTVN1PROD with NOTICES